Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redeeming Promotional Vouchers
  10. Redeeming Gift Vouchers
  11. Applicable Law
  12. Code of Conduct
  13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Justin Utermann, operating under "RacingProjectGermany - Justin Utermann" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter "Customer") and the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 A business within the meaning of these GTC is a natural or legal person or a legally recognized partnership who, when entering into a legal transaction, acts in exercise of their trade or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email or via the online contact form.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by prompting the customer to make payment after the customer has submitted their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within this period, this is deemed a rejection of the offer, meaning the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button that completes the order process.

2.5 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and is sent to the customer in text form (e.g., by email, fax, or letter) after the customer submits their order. The seller does not provide any further access to the contract text. If the customer created a user account in the seller’s online shop before submitting their order, the order data is archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.

2.6 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions, up until they click the button that completes the order process.

2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.8 Order processing and contact generally take place by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not residents of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded is outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the seller and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment method(s) available to the customer will be communicated in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after the contract has been concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "PayPal" payment service is selected, payment processing will be carried out through PayPal, which may also use the services of third-party payment providers for this purpose. If the seller offers payment methods via PayPal in which the seller provides goods or services in advance (e.g., purchase on account or installment payments), the seller assigns their payment claim to PayPal or to the payment service provider designated by PayPal and specifically named to the customer. Before accepting the seller’s assignment declaration, PayPal or the payment service provider appointed by PayPal will perform a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment with debt-discharging effect can only be made to PayPal or the payment service provider appointed by PayPal. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, such as regarding the goods, delivery time, shipping, returns, complaints, cancellation notices and returns, or credit notes.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments will be communicated to the customer in the seller’s online shop. Stripe may use additional payment services to process payments, which may be subject to special payment terms that the customer will be informed of separately if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the "Klarna" payment service is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna’s terms and conditions can be found here:

https://racingprojectgermany.de/pages/zahlung

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods to the customer if the customer effectively exercises their right of withdrawal. With respect to return shipping costs, the provisions made in the seller’s cancellation policy shall apply if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. However, by way of exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer, even if acting as a consumer, as soon as the seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the customer has commissioned such person or institution to carry out the shipment and the seller has not previously named that person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the seller and the seller has, with due diligence, entered into a specific hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without delay and any consideration already paid will be refunded immediately.

5.5 If the seller offers the goods for pickup, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

  • by download
  • by email

6) Retention of Title

If the seller makes advance payment, ownership of the delivered goods shall remain with the seller until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory regulations regarding liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defect claims is one year from delivery of the goods;
  • for used goods, defect claims are excluded;
  • the limitation period does not restart if a replacement delivery is made under liability for defects.

7.2 The above limitations of liability and shortened periods do not apply

  • to claims for damages and reimbursement of expenses by the customer,
  • if the seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • to any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant as defined by § 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the customer is a consumer, they are requested to report goods delivered with obvious transport damage to the delivery agent and inform the seller accordingly. Failure to do so has no effect on the customer’s statutory or contractual defect claims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory (including tort) claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee, unless otherwise specified,
  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited under the preceding section. Essential contractual obligations are those that the contract imposes on the seller according to its content to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.

8.3 Otherwise, the seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the seller’s liability for their agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued by the seller free of charge as part of promotional campaigns with a specific validity period and cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") may only be redeemed in the seller’s online shop and only during the specified period.

9.2 Certain products may be excluded from the voucher promotion, provided such a restriction is stated in the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may, with discharging effect, provide service to the respective holder redeeming the promotional voucher in the seller's online shop. This does not apply if the seller is aware of, or through gross negligence is unaware of, the lack of entitlement, legal capacity, or authority of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased in the seller’s online shop (hereinafter "gift vouchers") can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller may, with discharging effect, provide service to the respective holder redeeming the gift voucher in the seller's online shop. This does not apply if the seller is aware of, or through gross negligence is unaware of, the lack of entitlement, legal capacity, or authority of the respective holder.

11) Applicable Law

11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not members of a member state of the European Union and whose sole place of residence and delivery address at the time of contract conclusion is outside the European Union.

12) Code of Conduct

13) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.